Supreme Court challenges Congress on tribal affairs, sparking constitutional debate.
The Supreme Court recently decided a case involving tribal criminal jurisdiction, where Congress tried to limit the Court's authority in this area. Some Court members and scholars question if Congress has the power to do so. The Court's decision in the case didn't clarify much. A proposed test suggests the Court should focus on federal Indian policy rather than Congress's actions to simplify future Indian cases. This could help the Court make decisions without getting into constitutional debates.